Access and Use of Website This website, located at www.homelink.ca (the “Site.ca”) is operated by HomeLink International Canada. HomeLink International Canada (referred to as “HomeLink Canada”) is a licensed affiliate of HomeLink International Associates (referred to as “HLIA”), an association registered in Brussels, Belgium. This “Site.ca” is linked to www.homelink.org (the “Site.org”), which is is operated by HomeLink International Associates. Your access to and use of these Sites is conditional upon your acceptance of these terms and conditions (which govern your use of the Sites) – acceptance which will be considered starting from the moment on that you have registered using the password -, HomeLink Canada’s privacy policy (“Privacy Policy”) and any other terms and conditions contained on the Sites (“collectively referred to as the “Agreement”). In the event of any contradiction between these Terms and Conditions and the specific terms and conditions relating to such product or service, the latter shall prevail. Your use of the Sites constitutes your acceptance of the Agreement and any variations to it. Unless otherwise specified, the Site and the material provided on the Sites are solely for promoting services and business operations within Canada. If you visit the Sites from other locations or countries, you do so at your own risk and are responsible for compliance with all applicable local laws.

You are prohibited from using the Sites to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage unlawful conduct.

Password and User ID

You will be requested to choose a password to access the “Members only” area of the “Site.org” and HomeLink Canada will allocate a user identification (“User ID”) to you. You will be required to use your password and User ID each time you log on to the “Site.org”. HomeLink Canada may assume the authenticity of and may act upon any instructions given by any person who uses your password or User ID.

Each time you use Web “Site.org” with a User ID name and password you represent
(1) That you are authorized to use this website
(2) That you will maintain the highest standards of integrity:
In that regard, requests should reflect a genuine need on your part and should not be submitted “just to test” the response of HomeLink Canada.
(3) That you agree to the terms and conditions for use of the website on behalf of yourself and your company and will act accordingly.

You may

Access any part of the Sites and free of charge;
Print one copy of any or all of the pages for your own personal reference.

You may not

Use the Sites for other reasons than the purpose of exchanging homes with other members of HomeLink International Association (“HLIA”)

You must comply with all directions issued by HomeLink Canada pertaining to use of your password or User ID. Your User ID will be published in the HLIA database in the online version, and should be included in all your correspondence with HomeLink Canada and other registered members. You agree not to divulge, sublicense, assign or transfer to any third party your User ID and password, you agree not to provide third parties with hyperlink access to the website. HomeLink Canada holds you responsible for keeping your password strictly confidential.

You must ensure that you exit from your website session at the end of each visit.

You will be held responsible for all transactions conducted using your password or User ID including all transactions a third party conducts using your password or User ID, irrespective of whether you have disclosed your password or User ID to that third party either intentionally or through carelessness. You must notify HomeLink Canada immediately if you become aware that your password or User ID has been compromised or that there has been unauthorized use of your password or User ID.

Access and membership

Certain areas and Information on the Sites are restricted to members of HomeLink Canada. Membership requires adherence to home exchange etiquette and principles as described on the Sites.

You are prohibited from using the “Site.org” to contact HLIA members for commercial purposes, that is, to solicit business of any kind that entails monetary transactions, which is also explained in the sub-section referred to as ‘Site Content’. All such uninvited solicitation will be regarded as “spam”.

The consequences for spammers are the following:
We have a zero spam policy. That means we do not tolerate ANY spam or spammers.
We share our blacklists, so in addition to being permanently banned from this “Site.org”, spammers risk being banned from literally hundreds of thousands of Web sites and servers.
We save all spam submissions to provide to appropriate law enforcement to help prosecute spammers.
All spammers are banned from future visits to the website.
No Web sites submitted by spammers will ever be listed at the site
Web sites submitted by spammers are banned indefinitely, and all referral links from spam sites are blocked indefinitely.
We report all spammers.
We actively ban and block referral links indefinitely from all spam sites.

Security of Information

Unfortunately, no data transmission over the Internet is totally secure. Accordingly, HomeLink Canada does not warrant and cannot ensure the security of any information which you transmit to HomeLink Canada’s “Site.ca” or “Site.org”. Accordingly, any information which you transmit to HomeLink Canada is transmitted at your own risk. For this matter we refer to the privacy policy.

However, we have physical, electronic and managerial processes to protect the information we collect via our website or email. The information you send is passed through a secure server using encryption technology. All stored customer information is protected with secure passwords, user log-ons and other security procedures.

Nevertheless, once HomeLink Canada and HomeLink International receive your transmission, we will take reasonable steps to preserve the security of such information.

Webmail Messaging System

HomeLink International Associates via “Site.org” provides a Webmail Messaging System (referred to as ‘Webmail’) to its international Business partners (referred to as ‘organizers’) and their members (referred to as ‘subscribers’). Each user benefits by being able to share resources and communicate almost effortlessly with other members of the user community. However, as with any community, the benefits and privileges available must be balanced with duties and responsibilities designed to guarantee uniform access to all users.

That is why the use of the Webmail is subject to the following rules and guidelines, and all the users are responsible for ensuring that your use of the Webmail complies with this agreement.

HLIA limits the number of messages that a subscriber can send using HomeLink’s Webmail servers in a 24 hour day. HLIA defines a message as one message sent to one recipient. No single message can be addressed to multiple recipients. Each subscriber is limited to 50 Webmail messages per 24 hour day.

HLIA has no obligation to monitor Webmail transmissions. However, HLIA reserves the right to monitor such transmissions and to govern the same in accordance with our Agreement.

HLIA is not responsible for the forwarding of email sent to any subscriber whose membership has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored temporarily, at HLIA’s sole discretion

Limitation of Liability

HomeLink Canada does not warrant that your access to or use of the Sites will be continuous, uninterrupted or totally secure. The Sites may not be available from time to time due to upgrades or maintenance carried out in relation to the Sites. While we endeavor to ensure that the information on these Sites is correct at the time of inclusion on the particular website we do not guarantee the accuracy of such information, nor do we commit to ensuring that the material on these Sites is kept up-to-date.

You acknowledge that disruptions to the operation of the Sites may occur which are outside HomeLink Canada’s control and which may affect your access to or use of the Sites.

Although we have taken security measures to protect against the loss, misuse and alteration of the information included or posted in the Sites, no system of security measures is 100% fail-safe. HomeLink Canada will not be liable for any loss, release, misuse or alteration of the information included or posted in the Sites.

Neither HomeLink Canada, nor its employees, officers or agents, will be liable for any loss or damage (including without limitation, any consequential loss or damage) suffered by you arising directly or indirectly from your inability to access the Sites, your operation of the Sites or in relation to any Services offered through the Sites.

In no circumstances will HomeLink Canada be liable to you or any third party for any indirect or consequential loss arising from damage caused to your computer or computer files as a result of your use of the Sites or resulting from loss of data, loss of profits or business interruption even where HomeLink Canada has been advised of the possibility of such damages.

Indemnity

You indemnify and agree to keep HomeLink Canada, its affiliates, officers, employees and agents indemnified against all claims, demands, actions, proceedings, costs, expenses, liabilities and loss suffered by HomeLink Canada, directly or indirectly as a result of any breach of your obligations under the Agreement.

Disclaimer

Your use of the Sites and information on the Sites is at your own risk. The information appearing on the Sites is for general information only and is subject to change. HomeLink Canada does not warrant that information contained on the Sites is complete, accurate, or up-to-date.

To the extent permitted by law, neither HomeLink Canada nor its officers, employees or agents will be liable in any way for any loss, damage, costs or expenses suffered by you or claims made against you by reason of your use of the Sites or in connection with any services or information supplied, offered to be supplied or advertised through the Sites.

To the maximum extent permitted by law, all warranties, conditions and representations about the Sites, the accuracy or timeliness of the material provided on the Sites and the services advertised via the Sites are expressly excluded.

Where any legislation implies a condition or warranty, and that legislation prohibits HomeLink Canada from excluding or modifying the application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included but HomeLink Canada’s liability will be limited, to the maximum extent permitted by law, for a breach of that condition or warranty to one or more of the following: (i) supplying the services to you again or (ii) the payment of the cost of having the services supplied to you again.

Neither HomeLink Canada nor any other party involved in creating producing, or delivering the Sites, will be liable to you for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, or use of the Sites or any linked websites (“Linked Sites”).

In no circumstances will HomeLink Canada be liable to you or any third party for the condition of the homes, the actions of individual members or the accuracy of the listings posted on the Sites.

Disagreements between members

Any disagreements arising from the use of the Sites or affiliate web sites must be settled between the parties who directly participated in the exchange. HomeLink Canada cannot be held responsible for any events that occur as a result of any home exchange that is or was listed on the Sites. HomeLink Canada will offer to mediate disagreements between members without assuming any responsibility for subsequent resolution or failure to resolve. HomeLink Canada may terminate or suspend, temporarily or permanently, the memberships of any its members involved in an unresolved disagreement. No refunds will be provided in the event of such suspension or termination.

Site Content

Copyright in the “Site.ca” (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned or licensed by HomeLink Canada.
You must not reproduce, transmit, distribute, adapt, modify, sell, publish or otherwise use any of the material on the “Site.ca” except as permitted by statute or with HomeLink Canada’s prior written consent.

Trade Marks

All trade marks and logos on the “Site.ca” (“Trade Marks”) are owned or licensed by HomeLink Canada.
You may not use, reproduce or alter the Trade Marks in any manner whatsoever except with the prior written consent of HomeLink Canada.
Nothing on the “Site.ca” will be construed as granting to you or any other person, any right, title or interest in the Trade Marks.

Linked Sites

The content of third-party websites to which you may link to, by means of hypertext links, from the Sites is beyond our control. You proceed entirely at your own risk and we do not accept responsibility for any damage or loss you may suffer arising out of access to those websites, including, but not limited to, damage or loss of equipment and data. The inclusion of a link in our Sites does not imply our endorsement of or association with any products, services, information or material offered or accessible on or any person connected with any such third-party website, unless and to the extent stipulated to the contrary.

Your Information

You acknowledge that all information you provide to HomeLink Canada including personal information is complete, accurate and current.

It is a condition of the Agreement that your information does not contain any virus, worm, Trojan horse or other program or material that has the ability to alter, delay, damage or interfere with the operation of the Sites, is not false or misleading and does not contravene any law, statute or regulation.

It is a condition of the Agreement that your information does not contain text, images or website URLs that promote, either implicitly or explicitly, any accommodation for holidays, vacations or home exchange, that are provided by individuals, companies or organizations other than HomeLink Canada and HomeLink International Associates.

The Privacy Policy governs the manner in which HomeLink Canada may use your personal information. You consent to use of your personal information in the manner set out in the Privacy Policy. You may review the terms of the Privacy Policy by clicking on the ‘Privacy Policy’ link.

Termination

HomeLink Canada, in its sole discretion, may suspend or terminate your membership and use of the Sites, the Information and/or the Services, at any time, without refund, and for any or no reason, even if access and use continue to be allowed to others. HomeLink Canada will not be liable to you or any third party for any suspension or termination of your membership and access to the Sites, the Information and/or the Services.

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from the Sites, along with all related documentation and all copies and installations.
Upon termination, you must destroy all materials. In addition, by providing material on our Sites, we do not in any way promise that the materials will remain available to you.

General

The Agreement is governed by the laws of Canada.

These Terms and Conditions, either present or future, will be drawn up in the English language only. Any translation will be provided only for your convenience.

If any provision of the Agreement is invalid, void or unenforceable, all other provisions will be separately enforceable and will continue to be of full force and effect without regard to the invalid, void or unenforceable provision.

HomeLink Canada reserves the right to suspend or terminate your access to or use of the Sites, at any time, and without refund, if you breach any of your obligations under the Agreement.

HomeLink Canada may revise and update these terms and conditions at any time. Your continued usage of the Sites after any changes to these terms and conditions will constitute your acceptance of those changes.